General Terms and Conditions (as of 01/01/2021)
Clubcigarren.com --Heiko Poerz
The following general terms and conditions are part of the contractual relationship between us and the customer / buyer. In the case of ongoing business relationships, this also applies to the conclusion of a contract by telex or telephone. Purchasing conditions of the customer / buyer that deviate from these conditions are only valid in individual cases and only if this has been expressly confirmed in writing. A fulfillment of the contract by us does not replace this written confirmation. By purchasing products with an individual logo, the buyer agrees that the belly bandage may be displayed as a reference example by Clubcigarren.com - Heiko Poerz on their websites and in sales documents. If the belly band was designed by Clubcigarren.com - Heiko Poerz, the copyrights belong exclusively to Clubcigarren.com - Heiko Poerz. All brands and trademarks named on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owner. The mere mentioning of them does not mean that trademarks are not protected by the rights of third parties. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking the "Send order" button "Submit a binding order for the goods in the shopping cart. The confirmation of the receipt of the order follows immediately after the order has been sent and does not yet constitute an acceptance of the contract. We can accept your order by sending an order confirmation by email or by delivering the goods within five days.
Protection of minors and conclusion of contract:
The offering and delivery of tobacco products, e-cigarettes and shishas to persons under the age of 18 is prohibited. We are therefore obliged to carry out an age verification before entering into a contractual relationship with you. We therefore only enter into contractual relationships with adult buyers / buyers. When placing the order (sending), the customer / buyer assures that he is at least 18 years old, that the information regarding his / her age / name / address is correct, that the access data is protected from access by third parties, especially minors, and that it is ensured that only he himself or a person of legal age authorized by him to receive the delivery takes delivery of the goods. If persons under legal age initiate orders by stating false facts or without the approval of their legal age representatives, this will be revoked as a precaution with reference to § 111 BGB. The contract is therefore only concluded After an age check has been carried out by submitting and checking suitable documents (identity card, passport) and separate confirmation by us. We reserve the right to request current evidence on a random basis even after a positive age verification.
Payment terms:
All payments are due immediately, step by step, against delivery; something else only applies if this has been expressly agreed. The orderer / buyer can only declare offsetting with counterclaims if the claims are undisputed or legally established. Initial orders, international orders and all orders with individualized products (e.g. private label cigars) are only carried out against advance payment. Bills of exchange are only accepted by prior agreement and only on account of payment and subject to the possibility of discounting. If payment is made by bills of exchange, checks or other instruction documents, the customer / buyer bears the costs of discounting and collection, unless expressly agreed otherwise The rate is 3% above the base rate of the European Central Bank.
Credit base:
The prerequisite for delivery is the creditworthiness of the customer / buyer. If, after the conclusion of the contract, we receive information that does not make the granting of a loan in the amount resulting from the order appear unobjectionable, or if facts arise that allow doubts in this regard, a significant deterioration in the financial situation occurs (foreclosure, suspension of payments, settlement Bankruptcy, business dissolution, transfer of business), we are entitled to demand advance payment or security deposit or cash payment regardless of previous agreements to the contrary. Under the same conditions, after delivery to the customer / buyer, we are entitled to inspect his warehouse and goods that are subject to retention of title provisionally up to the cash payment, regardless of previous agreements to the contrary. Transport and storage costs are borne by the purchaser / buyer.
Retention of title:
The goods remain the property of the seller until they have been paid for in full. Cost-bearing agreement: If you make use of your right of cancellation, you have to bear the regular costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you pay a higher price for the goods At the time of the revocation have not yet made the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge for you. EU platform for dispute resolutionSince February 15, 2016, the EU has provided a platform for out-of-court dispute resolution. This platform enables disputes in connection with your online order to be resolved initially without the involvement of a court. You can reach the platform under the external link http://ec.europa.eu/consumers/odr/.
Final provisions
We are entitled to process the personal data received in the context of the business relationship within the meaning of the Federal Data Protection Act and the Distance Trade Act. The place of performance and jurisdiction for all disputes arising from any business to which these general terms and conditions apply is our place of business, both for actions brought by us and also for lawsuits brought against us. This provision does not apply to business dealings with customers / buyers who are neither merchants within the meaning of the Commercial Code, special assets under public law, nor legal entities under public law, as well as for transactions with a merchant who do not belong to the operation of his trade we and the customer are exclusively subject to the law of the Federal Republic of Germany.
If individual provisions of these general terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, the legally effective provision that comes closest to the purpose pursued by the ineffective provision shall apply.