Watermill Punch
Viva La Fiesta
Tropic Punch
Ice Kaktuz
Miss Joosy
Legal
Terms and conditions
Transparent information for customers of the Holster shop.
The German version is legally binding.
General Terms and Conditions
Table of Contents
- Scope
- Conclusion
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (guarantee)
- Liability
- Redemption of promotional vouchers
- Applicable law
- Jurisdiction
- Code of conduct
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the Ninor Akgül (Holster-Shop) (hereinafter referred to as "seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter referred to as "customer"), with the seller in respect of the goods presented by the seller in his online shop. This contradicts the inclusion of the customer's own terms, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of tickets, unless expressly provided for otherwise. These GTC only regulate the sale of tickets for certain events specified in the seller's article description and not the execution of these events. For the execution of the events only the legal provisions in relation between the participant and the organizer and if applicable apply. Unless the seller is also an organiser, he is not liable for the proper execution of the event, for which only the respective organiser is responsible.
1.3 Consumers within the meaning of these General Terms and Conditions are any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to their commercial or independent professional activity.
1.4 Entrepreneurs within the meaning of these General Terms and Conditions are a natural or legal person or a legal partnership acting in the course of their commercial or independent professional activities when entering into a legal transaction.
2) Conclusion of contracts
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. The customer, after placing the selected goods in the virtual shopping cart and passing through the electronic ordering process, gives a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, online contact form or by telephone.
2.3 The seller may accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), insofar as the customer's receipt of the order confirmation is decisive; or
- by supplying the ordered goods to the customer, insofar as the access of the goods to the customer is decisive, or
- by asking the customer to pay after delivery of his order.
If there are several of the alternatives mentioned above, the contract shall be concluded at the time when one of the alternatives mentioned first occurs. The time limit for acceptance of the offer begins to run on the day following the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be considered a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal'), under the terms and conditions of PayPal, available at: https://www.paypal.com
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and text will be sent to the Customer (e.g. B. E-mail, fax or letter). The seller does not make the contract text accessible beyond that. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved free of charge by the customer via his password-protected user account stating the corresponding login data.
2.6 Before binding delivery of the order via the online order form of the seller, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical tool for the better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. In the context of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer has to ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
2.9 When ordering tobacco products, the customer confirms by sending the order that he has reached the minimum age required by law. The seller shall ensure that the customer has reached the minimum age required by law, including an age verification system. A delivery of the goods therefore takes place only with previous successful examination of the age and an authentication of the customer.
2.10 When ordering nicotine-containing vaporizer fluids or liquids, flavorings and/or base fluids without nicotine, the customer confirms by submitting the order that he has reached the minimum required legal age. The seller shall ensure that the customer has reached the minimum age required by law, including an age verification system. A delivery of the goods therefore takes place only with previous successful examination of the age and an authentication of the customer.
3) Right of withdrawal
3.1 Consumers are entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal is provided by the seller's revocation policy.
3.3 Unless otherwise agreed, a right of withdrawal does not exist in the case of contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period of time for the provision. Thereafter, a right of withdrawal is also excluded in the case of contracts concerning the sale of tickets for scheduled leisure events.
4) Prices and conditions of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the Seller's online shop.
4.2a PayPal is not available if the shopping cart contains tobacco products; Vape products and e-liquids (liquids) can be paid with PayPal. In these cases, the customer has alternative payment methods (e.g. B. Credit card) available. The background is the PayPal directive on tobacco and certain nicotine/steam products. Further information can be found at Payment terms.
4.3 If advance payment is agreed by bank transfer, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When selecting a payment method offered via the payment service "PayPal", payment processing is carried out via PayPal, whereby PayPal can also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal, in which he is in wholesale supply to the customer (e.g. B. Invoice purchase or installment payment), he assigns his payment claim to PayPal or to the payment service provider assigned by PayPal and specifically designated to the customer. PayPal or will carry out a credit check of the payment service provider commissioned by PayPal using the submitted customer data before accepting the seller's transfer declaration. The seller reserves the right to refuse the customer the selected payment method in the event of negative examination results. Upon acceptance of the selected payment method, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, it can only provide PayPal or to the payment service provider commissioned by PayPal with debt-free effect. However, the seller remains responsible for general customer inquiries in the event of assignment of receivables. For example, concerning the goods, delivery time, dispatch, returns, complaints, revocation declarations and shipments or credits.
4.5 When selecting the payment method "Immediate transfer", payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "immediate transfer", the customer must have an online banking account that is activated for participation in "immediate transfer", legitimize itself accordingly during the payment process and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and debited the customer's bank account. Further information on the payment method "Immediate transfer" can be found on the Internet at https://www.klarna.com
4.6 When selecting a payment method offered via the payment service "Mollie", payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via Mollie are communicated to the customer in the online shop of the seller. For payment processing, Mollie may use other payment services for which if applicable special payment terms apply, to which the customer if applicable is separately referred. Further information on "Mollie" is available on the Internet at https://www.mollie.com
5) Delivery and shipping conditions
Note: The logistic processing (shipping/filling) is carried out by Aladin Online GmbH, Schampbergstraße 22, 65201 Wiesbaden. The seller and contractor remains Ninor Akgül (Holster-Shop). Return address see cancellation policy.
5.1 If the seller offers the dispatch of the goods, the delivery shall take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods for reasons which the customer is responsible for, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of withdrawal. In the event of the effective exercise of the right of withdrawal by the customer, the rules laid down in the seller's revocation policy shall apply.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated for the execution of the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold will in principle only pass on to the customer or to a person entitled to receive the goods. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold is already transferred to the customer in the case of consumers as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated for the execution of the shipment, if the customer has not previously appointed the freight forwarder, the carrier or the person or institution otherwise designated for the execution of the shipment and the seller has not named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or incorrect self-delivery. This applies only in the event that the non-delivery is not attributable to the seller and that the seller has concluded a concrete cover business with the supplier with the due diligence. The seller will make all reasonable efforts to obtain the goods. In case of unavailability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller is in advance, he reserves the property of the delivered goods until the full payment of the purchase price due.
7) Liability for defects (guarantee)
Unless otherwise provided in the following regulations, the provisions of the statutory liability for defects shall apply. By way of derogation from this, for contracts for the supply of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for rights of defects shall be one year from the date of delivery of the goods;
- in the case of used goods, the rights of defects are excluded;
- the limitation period does not start again if a replacement delivery takes place within the scope of the liability for defects.
7.2 The limitations of liability and time limits laid down above shall not apply.
- for claims for damages and compensation for expenses of the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which have been used for a building in accordance with their usual way of use and have caused its defectiveness,
- for a if applicable existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for a if applicable existing legal recourse claim remain unaffected.
7.4 If the customer acts as a merchant in accordance with § 1 of the German Commercial Code (HGB), he shall be subject to the commercial investigation and complaint obligation pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the reporting obligations laid down therein, the goods shall be deemed to be approved.
7.5 If the customer acts as a consumer, he is asked to complain to the supplier of delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
(8) Liability
The seller is liable to the customer from all contractual, contract-like and legal, also delict claims for damages and expenses as follows:
8.1 The seller shall be liable without limitation for any legal reason
- in the case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health;
- on the basis of a guarantee promise, unless otherwise provided,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, the liability is limited to the typical, foreseeable damage, unless pursuant to of the preceding paragraph is fully liable. Essential contractual obligations are obligations which the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which allows the proper execution of the contract in the first place and on whose compliance the customer may rely regularly.
8.3 Furthermore, the seller's liability is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "promotion vouchers") can only be redeemed in the Seller's online shop and only in the specified period of time.
9.2 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction arises from the content of the promotion voucher.
9.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
9.4 When ordering, several promotional vouchers can also be redeemed.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The balance of a promotional voucher is neither paid out in cash nor interest.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for with the promotional voucher in whole or in part within the scope of his legal right of withdrawal.
9.9 The promotional voucher is intended only for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, however, not obliged to check the material entitlement of the respective voucher holder.
10) Applicable law
All legal relations of the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer is habitually resident.
11) Place of jurisdiction
If the customer acts as a merchant, legal person under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer's registered office.
12) Code of conduct
- The seller has submitted himself to the conditions of participation for the eCommerce initiative "Fairness in the retail trade", which https://www.fairness-im-handel.de
/participation conditions are visible./ - The seller has submitted to the guidelines for "Google Customer Reviews", which are available on the Internet at: https://support.google.com
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13) Alternative dispute resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.
