GTC

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1 ) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (The Hookah – Oktay Aksu) via the thehookah.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

(2 ) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

§ 2 Formation of the contract

(1 ) The subject of the contract is the sale of goods.

(2 ) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(3 ) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart”. You can call up the “Shopping cart” via the corresponding button in the navigation bar and make changes there at any time.

After accessing the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be directed to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to our online store on the order overview page.

Before submitting the order, you have the option of checking all details again, changing them (also using the “back” function of the Internet browser) or canceling the purchase.

By sending the order via the button “order with obligation to pay” you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on payment methods offered

(1) SEPA direct debit (basic and/or company direct debit)

When paying by SEPA Core Direct Debit or SEPA Business-to-Business Direct Debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.

§ 4 Right of retention, retention of title

(1 ) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2 ) The goods shall remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1 ) The statutory liability for defects shall apply.

(2 ) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

§ 6 Choice of law

(1 ) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).

(2 ) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II Customer information

1. identity of the seller

The Hookah

Oktay Aksu

Under the Rommelsberg 3

35713 Eschenburg

Germany

Phone: +49 (0)176 – 346 344 43

E-mail: info@thehookah.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at
https://ec.europa.eu/odr
.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After we have received your order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5 Prices and terms of payment

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. You must also bear the costs incurred for the money transfer in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

These general terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at
https://www.haendlerbund.de/agb-service
.

last update: 12/07/2017