General terms and conditions
§ 1 Scope of application, customer information
(1) The following general terms and conditions are applicable for all existing and future business relations between the VAPE GmbH and its customers (consumers and companies).
(2) The customer agrees to this contractual basis when placing the order. The valid version at the moment of conclusion of contract is applicable.
(3) No General Terms and Conditions varying from, in conflict with or supplementary to these Terms and Conditions shall be part of the Contract, even when known. This does not apply if their application is expressly agreed in writing. In this case the validity is limited to the business for which the application is agreed. Any standardised reference to the general terms and conditions of the Member is expressly opposed.
(4) VAPE GmbH’s offer is addressed to consumers as well as to companies.
§ 2 Definitions
(1) According to these general terms and conditions, a consumer is any natural person, with whom VAPE GmbH enters into a business relationship for purposes other than those considered to be his/her commercial or independent professional activity.
(2) According these general terms and conditions, a company is any legal entity or partnership with legal capacity with which VAPE GmbH enters into a business relationship, if that business is considered to be his/her commercial or independent professional activity.
(3) According to these general terms and conditions, customers are consumers as well as companies that have or enter a business relationship with VAPE GmbH.
(4) An order, according to these general terms and conditions, is a purchase offer for physical products (goods) offered by VAPE GmbH.
§ 3 Contractual object
(1) The contractual objects in case of purchase of goods are the sale and delivery of the goods offered by VAPE GmbH on the websites http://www.hisvape.net and http://www.hisvape.info or in the retail shop (An der Autobahn 3a, 27798 Hude, Germany).
(2) The main characteristics of the goods offered are defined by the good’s description that is provided when selecting the product in our online shop on the website http://www.hisvape.net or communicated in a different way (e.g. flyer or brochure).
§ 4 Conclusion of contract (Purchase of goods and order for digital products)
(1) The VAPE GmbH’s presentations of goods on the website http://www.hisvape.net and other advertising materials (e.g. flyer, brochures, e-mails) are non-binding and noncommittal offers (invitatio ad offerendum).
(2) The customer submits a binding offer to the VAPE GmbH for the conclusion of a contact by placing his order in the online shop, by e-mail, telephone, fax or other communication channels. The customer receives an acknowledgement of receipt for the order by e-mail in which the details of the order are listed. The acknowledgment of receipt is not an acceptance of the offer; it only informs the customer about the receipt of the order.
(3) A binding offer is made by completion of the order process in the online shop http://www.hisvape.net. The order is placed by the following steps:
a) Choosing the article and the amount required by the customer
b) Putting the goods in the shopping basket by clicking on the “Add to shopping basket” button
c) Checking the details of the goods in the shopping basket
d) Confirming the selection with pressing the “Checkout” button
e) Filling in the invoice information/ customer details and confirming the selection with the “Next” button
f) Selecting the method of payment and delivery and confirming the selection with the “Next” button
g) Checking the order summary
h) Confirming that customer has been informed about the general terms and conditions and the cancellation policy by clicking on the corresponding check box.
i) Placing the binding order by clicking the “Execute payment” button
The customer may correct possible input errors concerning the invoice address, delivery address, method of payment and delivery, before bindingly completing his order (by pressing the “Execute payment” button), by clicking the “Change” or “Select” button next to the respective information. Furthermore, the customer may correct possible input errors concerning the order, by changing the quantity of the selected product by clicking on the drop-down menu placed under “Number” or by completely deleting an article by clicking on the “Delete” button, which is marked with an X. Moreover, the process of ordering can be stopped at any time by closing the browser window.
(4) The contract for the sale of goods with VAPE GmbH is concluded when VAPE GmbH accepts the client’s offer by sending the ordered product to the customer or by making the product available, respectively by confirming the shipment to the customer or the provisioning of the product for the customer with a second e-mail (shipping confirmation or confirmation of provision).
(5) Products that are not mentioned in the shipping or provisioning confirmation are not part of the contract of sale. If the customer chooses to pay in advance or at the time of receipt of the goods, the contract of sale is already concluded after the customer placed the order and when VAPE GmbH sends the payment request.
(6) In case that the VAPE GmbH is not able to accept the costumer’s offer, the customer will be informed about this promptly. If payment was already made, the sum will be refunded immediately.
(7) Contracting party in case of concluding a contract of sale is
VAPE GmbH , An der Autobahn 3a, 27798 Hude, Germany
Telephone number: +49-4484-9399010
(Euro 0,14/min when calling from a landline of „Deutsche Telekom“/cell phone costs may be higher)
(8) The contractual language is German.
(9) The seller does not file the contract text after the conclusion of contract and the text is therefore not accessible for the customer.
(10) To purchase goods it is necessary to have a minimum age of 18 years. If a customer does not fulfil this condition, VAPE GmbH is entitled to contest the contract. The customer’s age will be checked by the shipping provider. Return costs incurred as a result of a wrong age indication will be invoiced to the customer. Untrue indications concerning the age are reported to the police as a fraud attempt.
§ 5 Prices, shipping costs, payment, maturity
(1) The given prices are final prices and include the German legal added value tax (VAT), as well as other price components, except shipping costs. Upon request, invoice recipients within the EU may receive an invoice excluding the German VAT, if a VAT number is provided. In case of invoice recipients outside the EU the invoices are provided without the German VAT.
(2) The shipping costs are not included in the purchase price.
(3) Shipment is executed by Deutsche Post AG (DHL). The delivery and shipping costs are charged according to the applicable price lists of Deutsche Post AG. These price lists may be accessed on the website http://www.dhl.de under the section “prices”. They are provided separately in the respective product description or in the process of placing the order. The customer has to bear these additional costs, unless a dispatch free of shipping costs has been confirmed.
(4) Shipment to companies may also be executed by United Parcel Service (UPS). The delivery and shipping costs are based on the applicable price lists of UPS. These price lists may be accessed on the website http://www.upscontentcentre.com/html/germany . Apart from that, paragraph 3 is applicable.
(5) VAPE GmbH choses an adequate dispatch mode for shipments outside the EU. In this case, the shipping costs are invoiced according the expense.
(6) The customer may chose between different payment options that are presented during the order process. Unless stated otherwise, payment is due immediately after conclusion of contract.
§ 6 Delivery
(1) Unless stipulated otherwise, delivery of the goods is made ex works to the delivery address the customer provides, within 30 working days after receipt of order.
(2) VAPE GmbH carries out partial delivery in certain cases to deliver the goods as fast as possible. The customer does not have to bear additional costs.
(3) If the customer is an entrepreneur, the risk of accidental loss and the accidental deterioration of the goods shall pass to the customer upon the surrender, in case of the purchase to destination, upon the delivery of the goods to the forwarding agent, the carrier, or any other person or institution charged with the execution of the shipment..
(4) If required by the customer, the VAPE GmbH will insure the consignment against breakage, transport and fire damages at the customer’s expense.
(5) If upon request by the customer, goods are not delivered or if the customer is in default of acceptance, the risk risk of accidental loss and the accidental deterioration of the goods shall pass to the customer when VAPE GmbH arranges the storage. The customer bears the arising costs.
(6) In case of a default of acceptance of the customer, the VAPE GmbH has the right to deposit and sell the goods through a self-help sale in accordance to the applicable statutory provisions.
§ 7 Warranty and liability
(1) The warranty shall be subject to the statutory provisions.
(2) In case of a contract with a consumer the warranty period is 2 years from the delivery date on. In case of a contract with a company the warranty period is limited to one year.
(3) Claims for damages, claims for defects that the VAPE GmbH or his legal representatives or agents have maliciously concealed and claims of a warranty that the VAPE GmbH or his legal representatives or agents have issued for the quality of the goods are excluded from the provisions of paragraph 2. For these excluded claims the German statutory warranty limitation periods are applicable.
(4) The withdrawal rights of § 478 of the German Civil Code, is excluded from the provisions of paragraph 2 if the customer is an entrepreneur.
(5) If the customer is a retailer, he is obligated to examine the goods immediately after receipt, as far as the regularly course of business allows it, and in case of a defect to report it immediately to the VAPE GmbH. If the customer fails to report, the goods are considered as approved, unless the defect was not apparent during the examination. The legal provisions concerning the commercial sales in § 373 et seq. of the German commercial code apply.
(6) Hygiene and disposable products like vaporiser, clearomizer and tanks are delivered with a Dead on Arrival warranty. If the customer does not complain within 48 hours after receipt of order, all warranty claims are excluded.
(7) Batteries are facing permanent strong use. VAPE GmbH bears a 3 months warranty for the functionality of batteries. This excludes natural wear and tear.
(8) The liability is limited or respectively excluded according to § 12.
§ 8 Retention of title
The ownership of the goods remains with VAPE GmbH until complete payment of the purchase price by the customer.
§ 9 Right of revocation for consumers
Consumers have the right of revocation according to the following requirements. A consumer is any natural person, with whom VAPE GmbH enters into a business relationship for purposes other than those considered to be his/her commercial or independent professional activity..
Revocation instruction for the purchase of goods
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period of fourteen days begins on the day on which you or a third person designated by you, which is not the carrier, take(s) in possession the last partial shipment or the last piece of the goods.
To exercise your right of revocation you have to inform us ((VAPE GmbH, An der Autobahn 3a, 27798 Hude, Germany, E-Mail-Address: firstname.lastname@example.org, Telephone number: +49-4484-9399010 (Euro 0,14/min when calling from a landline of „Deutsche Telekom“/cell phone costs may be higher)) by clear statement (e.g. with a letter sent by post, telefax or e-mail) about your decision to withdraw from the contract. You may use the withdrawal form example enclosed in § 10 to do so, though this is not required.
To comply with the revocation period, it is sufficient to send off the information about exercising the right of revocation before expiration of the revocation deadline.
Consequences of withdrawal
If you withdraw from this contract, we will be obliged to refund the money we received from you, including the delivery costs (except the additional costs accrued by your choosing another, more expensive way of delivery, than the cheapest standard sdelivery we offer), immediately and within fourteen days after receipt of the notification of the withdrawal from this contract. The refund will be made by the same method of payment you used for the transaction, unless we agreed explicitly otherwise; no additional fees will be charged for the refund.
We may refuse the refund until we receive the goods back or until you prove that you have sent back the goods, whichever the earlier. You have to send us back or hand us over the goods immediately within fourteen days after informing us about the withdrawal. The deadline is met if the goods are sent before expiry of the period of fourteen days. You bear the direct costs of returning the goods. You will only have to pay for any loss of value if this loss of value is caused by an unnecessary handling while examining the quality, characteristics and functionalities.
§ 10 Withdrawal form example
If you wish to withdraw a contract, please fill in this form and send it back to us:
An der Autobahn 3a, 27798 Hude, Germany
Hereby I/we(*) withdraw from the concluded contract concerning the purchase of the following goods(*)/ the performance of services(*)
- Ordered on(*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification on paper)
(*) delete as applicable
- § 11 Liability
(1) Customer’s claims for damages are excluded. Except where there are claims for damages of the customer arising from injury to life, body and health or from violation of major contractual obligations like the liability for any damages resulting from an intent or grossly negligent violation of contractual duty caused by the VAPE GmbH, its legal representatives or agents. Essential contractual commitments are those that enable the fulfilment of the proper performance of the contract and on which compliance the customer may rely regularly.
(2) In the case of culpable infringement of essential contractual obligations, VAPE GmbH is only liable for foreseeable damage typical of the type of contract, if this damage was caused simply negligently, unless customer’s claims arise from injury for life, body or health.
(3) The restrictions of paragraph 1 and 2 are also applicable in favour of VAPE GmbH’s legal representatives and agents if claims are asserted directly against them.
§ 12 Data protection
(1) The storage and use of customer data is done only by strictly applying the German Federal Law for Data Protection by the VAPE GmbH and the neutral service providers appointed by us.
(2) The customer’s data are saved for transaction, invoicing and advertisement purposes in form of their name, name of their company, their address and their company’s address, their telephone number as well as their e-mail address. You may object to the use of your data for advertising purposes. Please inform us about this by adding the advertising material with your address to VAPE GmbH, An der Autobahn 3a, 27798 Hude, Germany, E-mail address: email@example.com.
(3) Registered customers may access their previous orders in the customer’s Log-In-Area (“My account” -> “My orders”).
(4) You can find further information in our data protection regulations.
§ 13 Final provisions
(1) The contract is concluded exclusively in German language. For the business relationship with the VAPE GmbH, German national law is applicable, with exception of the international conflict of laws rules of private international law and with exclusion of UN Law on the Sales of Goods (CISGG). If the customer is a consumer, the law of the customer’s country may also be applicable, if stipulated by obligatory consumer rights provisions.
(2) If the customer is a merchant, a legal entity of public law, special fund under public law or if he does not have his general place of jurisdiction in Germany, Hude is the exclusive place of jurisdiction for any claims in connection with this business relationship. The same applies to customers that transferred their domicile or habitual place of residence outside of Germany or whose domicile or habitual place of residence is not known at the time the legal action is filed.
(3) Should one or various provisions of this general terms and conditions be totally or partially invalid or later on lose their legal validity, the validity of the remaining conditions shall not be affected.
Safety and health information
The fog generated from the electronic cigarettes may contain nicotine if you use liquids with nicotine. VAPE GmbH’s products are like every nicotine products unsuitable for persons under 18 years, non-smokers, pregnant women, breastfeeding women and persons with cardiovascular diseases. Use the product extremely careful if you have a lung disease (e.g. asthma, COPD, bronchitis, pneumonia). The released fog may cause an asthma attack, breathlessness and coughing attacks if the lung is already damaged. Do not use the product if you suffer from one of these symptoms! If you are allergic to any of the ingredients you must not use this product. Please check the ingredients with regard of existing allergies or intolerances before using the product. The liquids we use contain inter alia propylene glycol (PG) and glycerine (VG). Electronic cigarettes and liquids are not toys! Therefore, keep the product and the depot caps absolutely inaccessible for children!
Potential allergens may be:
Glycol (PG) and glycerine (VG),aroma and elements of nuts.
The purchase and the use of the electronic cigarettes and liquids are only for persons older than 18 years.