of GRÜN aixtema GmbH, Philipsstr. 8, 52068 Aachen, Germany, Phone: +49 (0) 241 70525 - 5050, E-mail: service@tabac.de 

for the online shop at https://www.tabac.de

 

Scope of validity 

The following General Terms and Conditions of Business in the form valid at the time the order was placed apply to the business relationship between the supplier (hereinafter referred to as the 'Seller') and the customer (hereinafter referred to as the 'Buyer'). Deviating conditions of the Buyer are not recognised unless the Seller expressly agrees to their validity in writing.

 

Contract conclusion 

The product range presented in the online shop of the Seller does not constitute a binding offer on the part of the Seller, but serves as an invitation for the Buyer to submit a binding offer.

The Buyer can select products from the range of the online shop and add them to their virtual shopping cart by pressing the 'Add to Cart' button. The Buyer may view the contents of the shopping cart and modify products at any time using the delete, add or edit buttons. The Buyer then has the option to enter or select their billing address, a delivery address, the payment method and the delivery method. This data can be viewed on an overview page and updated using the "Edit' button. By clicking the button 'Buy Now', the Buyer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Buyer can view the order data on an overview page. The 'Back' button allows the customer to return to the shopping cart to view the contents of the order and to change products using the delete, add or edit buttons.

The Buyer may also submit an offer to the Seller in writing or in text form.

The Seller will confirm receipt of the offer by sending an automatic confirmation of receipt of the order by e-mail to the Buyer; this confirmation will itemise the Buyer's order and can be printed by the Buyer using the 'Print' button. The automatic confirmation of receipt of the order merely records that the Buyer's order has been received by the Seller and does not constitute acceptance of the offer.

The Seller accepts the Buyer's offer by asking for immediate payment once the order has been placed.

 

This contract is concluded in German.

The contract text is stored by the Seller and sent to the Buyer after the order has been sent along with these General Terms and Conditions of Business and customer information provided in written form. In addition, the contract text is archived on the Seller's website and can be accessed by the Buyer in their password-protected customer account using the corresponding login details, provided that the Buyer has created a customer account in the Seller's online shop before sending their order.

 

Prices and costs

All prices quoted on the Seller's website are total prices including the applicable statutory VAT.

Any additional delivery and shipping costs incurred are listed separately in the relevant product description and in the order form and are to be borne by the Buyer, unless the Buyer, as a consumer, makes use of their right to cancel the order.

If the Seller delivers to countries outside the European Union, additional costs to be borne by the Buyer may be incurred in individual cases. These include, for example, the costs of monetary transactions (e.g. transfer fees, costs for foreign currencies) or import duties or taxes (e.g. customs duties and Import Value Added Tax).

Payment is due immediately after conclusion of the contract.

 

Delivery 

The goods will be dispatched by post or parcel shipment.

The shipping risk is borne by the Seller if the Buyer is a consumer. This does not apply if the Buyer is an entrepreneur.

 

Warranty 

The Seller is liable for material defects in accordance with the applicable statutory provisions, in particular Section 434 et seq. of the German Civil Code [BGB].

In deviation from this, the warranty obligation towards entrepreneurs pertaining to items delivered by the Seller is 12 months. This does not affect claims for damages and the reimbursement of expenses and the right of recourse pursuant to Section 478 BGB along with claims arising from guarantees, intentional acts and fraudulent concealment of a defect.

 

Dispute resolution 

The European Commission provides a platform for online dispute resolution. This platform can be accessed via the following link: ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

Final provisions 

Contracts concluded between the Seller and the Buyer are governed by the law of the Federal Republic of Germany with the exclusion of the UN Convention on the International Sale of Goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not superseded by mandatory provisions of the law applicable in the country where the consumer has their habitual residence.

If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Buyer and the Seller is the registered office of the Seller.