1 Scope and provider

 

1. These general terms and conditions apply to all orders placed with the online shop of the

Nacimiento Vaping Lindenhof 13 3236 Gampelen.

1. The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

2. Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already contradicted.

3. The contract language is exclusively German.

4. You can call up and print out the currently applicable general terms and conditions on the website https://www.blazentaste.ch/store-policy .

 

§ 2 Conclusion of contract

 

1. The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

2. By clicking the button "Buy now" you are submitting a binding purchase offer. Immediately before placing this order, you can check the order again and correct it if necessary.

3. After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract does not yet come into being through the confirmation of receipt.

4. A purchase contract for the goods only comes into existence if we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you - without prior express declaration of acceptance. Exception: with payment in advance and PayPal, the order is accepted immediately with your order.

5. Orders are only possible in normal household quantities.

 

§ 3 Prices

 

1. The prices in the shop are in CHF.

2. The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs and, where indicated, plus a deposit.

 

§ 4 Terms of payment; Delay

 

1. Payment can be made by credit card or PayPal.

2. We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.

3. When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). Your credit card account is actually debited when we send the goods to you.

4. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterward.

5. If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of CHF 2.50 for each reminder letter that is sent to you after the default occurs unless lower or higher damage is proven in individual cases.

§ 5 Offsetting / right of retention

 

1. You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us, or is closely synallagmatically related to our claim.

2. Likewise, you can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery

 

1. Unless otherwise agreed, the goods are delivered from our warehouse to the address you specified.

2. If not all ordered products are in stock, we are entitled to make partial deliveries as far as this is reasonable for you. Any deadlines only begin with the receipt of the last partial delivery.

3. Customers abroad are obliged to inform themselves which products can be imported.

4. If a customer orders goods abroad that are confiscated/destroyed by customs, there is no entitlement to a refund of the purchase amount.

5. When shipping abroad, additional taxes or costs (e.g. customs duties) may arise in the context of your order, which are not paid by us or invoiced by us, but must be paid by you directly to the responsible customs or tax authorities are. Please ask these authorities for details. "

 

§ 7 Retention of title

 

1. The goods remain our property until the purchase price has been paid in full.

2. If you are an entrepreneur, the following also applies: We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.

 

§ 8 Cancellation policy

 

1. In the event that you are a consumer, i.e. make a purchase for purposes that are predominantly neither your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.

 

Right of withdrawal

 

1. You have the right to cancel this contract within fourteen days without giving any reason.

2. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

3. To exercise your right of withdrawal, you must contact us

S.Nacimiento Vaping

Lindenhof 13

3236 Gampelen

Switzerland

contact@blazentaste.ch

inform you of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

 

Consequences of cancellation

 

1. If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

2. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

3. You have to return or hand over the goods to us or to, or in any event within 14 days from the day on which you inform us of the cancellation of this contract. The period is granted if you send the goods before the period of fourteen days has expired.

4. You bear the direct costs of returning the goods.

5. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.

 

Model withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

 

 

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 (*)

Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for notification on paper)
date
______________________
(*) Please delete where inapplicable.

 

 

End of revocation

 

The right of withdrawal does not exist

1. for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,

2. on delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

 

 

Please return goods to us in the original packaging, if possible, with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage in order to avoid claims for damages due to damage due to defective packaging.

Please email us before returning to announce the return. In this way you enable us to assign the products as quickly as possible.

 

§ 9 Transport damage

1. If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and please contact us as soon as possible.

Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.

 

§ 10 Warranty

 

1. Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on sales.

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§ 11 Alternative dispute resolution

 

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with your online order without the involvement of a court. The dispute settlement platform can be reached at the external link http://ec.europa.eu/consumers/odr/.

We endeavor to settle any disagreements from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration proceedings and, unfortunately, cannot offer you participation in such proceedings.

 

§ 12 Final provisions

 

1. Should one or more provisions of these terms and conditions be or become ineffective, the effectiveness of the other provisions will not be affected.

2. German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you usually reside are not affected by the choice of law.

3. If you are a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is our place of business.

 

As of March 2019

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Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 

 

 

 

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