Shisha-Turbine® | General Terms and Conditions
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1. Scope

For all orders via our online shop www.shisha-turbine.de by consumers and entrepreneurs, the following terms and conditions apply. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity. With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contracting party, conclusion of contract

The purchase contract is concluded with Kupetz Max and Kupetz Bernd GbR. By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the proofing tools provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.

3. Contract language, contract text storage

The language available for the contract is German. We save the contract text and send you the order data and our terms and conditions by e-mail. You can also view and download the terms and conditions here on this page. Your past orders can be viewed in our customer login.

4. Terms of delivery

In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers. We only deliver in transit. Unfortunately, a self collection of the product is not possible. 5. Payment In our shop you can always use the following payment methods: Payment in advance When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment. Cash on pickup You pay the invoice amount when picking up cash.

5. Payment

In our shop you can always use the following payment methods: Payment in advance When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment. Cash on pickup You pay the invoice amount when picking up cash.

6. Retention of title

The goods remain our property until full payment. For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.

7. Transport damage

For consumers: If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us assert our own claims against the carrier or transport insurance. For entrepreneurs: The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the shipper, the carrier or the person or institution otherwise responsible for carrying out the shipment. For merchants, the duty to inspect and to reprimand is regulated in § 377 HGB. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the passing of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected. With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer’s product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement). The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents

  • In case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as malice
  • in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
  • as part of a guarantee promise, as far as agreed
  • as far as the scope of the product liability law is opened.

Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.

9. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • with guarantee promise, if agreed, or
  • as far as the scope of the product liability law is opened.

In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be for the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

11. Protection of minors

If your order includes goods the sale of which is subject to age restrictions, we will ensure that the customer has attained the required minimum age by using a reliable procedure involving personal identity and age verification. The deliverer delivers the goods only after the age check and only to the customer personally.

12. Final provisions

If you are an entrepreneur, then German law applies excluding the UN sales law. Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business

Alternative Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO und § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Verbraucher haben die Möglichkeit, sich für die Beilegung ihrer Streitigkeiten an [Name, Anschrift, Webseite der Schlichtungsstelle] zu wenden. Wir sind verpflichtet, an Verfahren zur Streitbeilegung vor dieser Stelle teilzunehmen. Wir werden an einem solchen Verfahren teilnehmen.